How to Get a Restraining Order in Massachusetts: Process, Proof & Timeline

In Massachusetts, a restraining order between family or household members is called an abuse prevention order — commonly known as a "209A order" because it is governed by Chapter 209A of the Massachusetts General Laws. You can ask for one on an emergency basis the same day you file, without the other person present, and a full hearing with notice to the other side follows within a set number of court business days.

Who can get a 209A order in Massachusetts

A 209A order is not available to just anyone who feels threatened by anyone else. It is limited to people who qualify as "family or household members" under the statute. That includes people who:

• Are or were married to each other
• Are or were living together in the same household
• Are related by blood or marriage
• Have a child in common, whether or not they were ever married or lived together
• Are or were in a substantive dating or engagement relationship

For dating or engagement relationships, the court looks at the length of the relationship, the type and frequency of interaction between the people, and how much time has passed since the relationship ended. There is no single fixed cutoff written into the statute for how long a dating relationship must have lasted — the court weighs those factors on the facts in front of it, so if your relationship is short or informal, expect the judge to ask about these details directly.

What counts as "abuse" under Massachusetts law

Chapter 209A defines abuse as one or more of the following occurring between family or household members:

• Attempting to cause, or actually causing, physical harm
• Placing another person in fear of imminent serious physical harm
• Causing another person to engage involuntarily in sexual relations by force, threat, or duress
• Coercive control — a category added to the statute in 2024

Because coercive control is a newer addition to the law, if your situation involves a pattern of controlling behavior rather than (or in addition to) a specific physical incident, it is worth raising that explicitly with the court and, if possible, with an advocate or attorney, since practice under this newer provision is still developing.

Where to file

You can file a 209A complaint in the District Court, the Boston Municipal Court, the Probate and Family Court, or the Superior Court that has jurisdiction (venue) over where you live. If you had to flee your home because of the abuse, the law does not force you to file only where the abuser currently is — you may file in the court covering either your prior residence or your current residence.

What you can do in Massachusetts: the step-by-step process

1. Go to the appropriate courthouse — District Court, Boston Municipal Court, Probate and Family Court, or Superior Court covering your residence (or your former residence if you fled).
2. File a complaint for an abuse prevention order and ask for an emergency ("ex parte") order the same day, without advance notice to the other person, if you are in immediate danger.
3. Meet the ex parte standard. To get emergency relief without the other person present, you must show a substantial likelihood of immediate danger of abuse. This is a lower, faster-moving standard than what's required later.
4. If the court is closed (nights, weekends, holidays), a judge can still grant emergency relief by telephone through a police officer. Time-sensitive: if you get this kind of after-hours order, you must appear in court on the next available business day to file your complaint in person.
5. Know the ex parte order's shelf life. Time-sensitive: an emergency order granted without the other side present lasts only up to ten court business days. A full hearing, with notice to the other person, must happen before that window closes.
6. Attend the full hearing. At this hearing, both sides can appear, and you must prove abuse by a preponderance of the evidence — meaning it's more likely than not that abuse occurred. This is a higher bar than the ex parte standard, so bring whatever documentation, messages, photos, medical records, or witnesses support your account.
7. If the judge grants a final order, it will run for a fixed period of time, up to a maximum of one year. Time-sensitive: mark the expiration date. As it approaches, you can go back to court and ask the judge to extend the order or make it permanent.
8. Don't assume "no new incidents" ends your protection automatically. The law is explicit that the fact nothing new happened while the order was in place is not, by itself, a reason to deny an extension — the absence of abuse during an active order can simply mean the order is working.

The two proof standards, side by side

It helps to understand that Massachusetts uses two different legal standards depending on the stage:

• Ex parte (emergency) stage: substantial likelihood of immediate danger of abuse.
• Full hearing (with both sides present): preponderance of the evidence — more likely than not that abuse occurred.

In practice, this means it can be easier to get short-term emergency protection than it is to get a longer final order, because the final order requires the judge to weigh evidence from both people involved.

What if you move, or the other person lives out of state?

A Massachusetts abuse prevention order does not stop protecting you the moment you cross a state line. Under the federal Violence Against Women Act (VAWA), a valid protection order issued in one state, tribe, or territory must be honored and enforced everywhere else in the country as if it had been issued there. On top of that, it is a separate federal crime for someone to cross state lines to stalk a partner or to violate a protection order. That gives you a federal backstop in addition to Massachusetts's own enforcement mechanisms if the other person tries to argue the order "doesn't count" somewhere else.

Practical notes

Because a 209A case can move very quickly — from an ex parte filing to a hearing within ten court business days, and orders that expire on a fixed one-year clock — it helps to keep copies of the order, the hearing notice, and any evidence in a place you can access even if you can't return home. Court staff, court-based victim advocates, and domestic violence hotlines can help you understand your specific paperwork and deadlines; this article explains the general Massachusetts process but cannot substitute for guidance on your particular case.

This article is general information about Massachusetts law, not legal advice — talk with a Massachusetts attorney or your local court's victim/witness advocate about your specific situation.